She goes on to note that the plaintiffs are "trapped in a government program intended for their benefit... and wish to escape."

Seems reasonable enough.

But then, she turns this completely on its ear by ruling that there's "no loophole or requirement that the secretary provide such a pathway."

So what caused this 180-degree shift into bizarro-world?

We went back to the source, Kent Masterson Brown, the plaintiffs' attorney who's been leading the charge. Mr Brown (whom we'd interviewed several times a few years back), graciously shared his time and observations with us, Since his appeal is currently pending, he was constrained in what he could tell us, but he was equally stunned that Judge Collyer could do such an about-face with no new facts presented.

In effect, he told us, her 2009 ruling that the POM's were out of bounds has become a confirmation that the agencies can, in fact, deny his clients basic freedom of choice. Somehow, as he understands the ruling, the idea that one is entitled to a benefit now means one must accept it, regardless of one's wishes.

She goes on to note that the plaintiffs are "trapped in a government program intended for their benefit... and wish to escape."

Seems reasonable enough.

But then, she turns this completely on its ear by ruling that there's "no loophole or requirement that the secretary provide such a pathway."

So what caused this 180-degree shift into bizarro-world?

We went back to the source, Kent Masterson Brown, the plaintiffs' attorney who's been leading the charge. Mr Brown (whom we'd interviewed several times a few years back), graciously shared his time and observations with us, Since his appeal is currently pending, he was constrained in what he could tell us, but he was equally stunned that Judge Collyer could do such an about-face with no new facts presented.

In effect, he told us, her 2009 ruling that the POM's were out of bounds has become a confirmation that the agencies can, in fact, deny his clients basic freedom of choice. Somehow, as he understands the ruling, the idea that one is entitled to a benefit now means one must accept it, regardless of one's wishes.